07 October 2020

Lawyer's Conflict of Interest: Hong v. Auckland Standards Cttee

Auckland lawyer Boon Gunn Hong was refused leave to appeal his striking off for what was described as disgraceful, unprincipled and wrongful acts to the detriment of his client.

Mr Hong provided financial support to a client when a 2005 property transaction ran into difficulty, eventually taking title to the property in his own name and attempting to evict his client.  Lawyers are expected to act in the best interests of their clients; not act against their clients’ interests.  Heavy penalties are imposed on lawyers continuing with work when there is a conflict of interest.

Mr Hong said he made no profit on the deal and that his client had suffered no financial loss.    The question of profit was irrelevant, Justice Gordon said.  Mr Hong failed to comply with disclosures required and safeguards imposed when a lawyer is acting both for a client and in his own interests.

Striking off means Mr Hong can no longer continue in business as a lawyer.

Hong v. Auckland Standards Committee No. 5 – High Court (7.10.20)

20.163